BILL ANALYSIS Ó AB 389 Page 1 CONCURRENCE IN SENATE AMENDMENTS AB 389 (Chau) As Amended September 1, 2015 Majority vote -------------------------------------------------------------------- |ASSEMBLY: |77-0 |(April 30, |SENATE: |40-0 |(September 8, | | | |2015) | | |2015) | | | | | | | | | | | | | | | -------------------------------------------------------------------- Original Committee Reference: HEALTH SUMMARY: Requires general acute care hospitals to post their language assistance policies on their websites in English and up to five of the other languages most commonly spoken in the hospital's service area. Requires the Department of Public Health (DPH) to post each hospital's language assistance policy its Web site. The Senate amendments delete the requirement that language assistance policies be posted on any replacement technology for the internet and delete the requirement that the Office of Statewide Health Planning and Development (OSHPD) post hospital language assistance policies on its website. FISCAL EFFECT: According to the Senate Appropriations Committee, minor costs for DPH to post hospital language assistance policies on its website (Licensing and Certification AB 389 Page 2 Program Fund). COMMENTS: 1)Purpose Of This Bill. According to the author, California has been a leader in ensuring that the state's healthcare infrastructure meets the needs of Limited English Proficient (LEP) patients, however existing practices for ensuring hospital compliance with language assistance policy submittal requirements lack central oversight by DPH. The author notes that by requiring hospitals to submit their language assistance policies to both DPH and OSHPD, and requiring hospitals, DPH, and OSHPD to post them on their Websites, this bill will provide greater oversight and enable policymakers and consumers to access information the law already guarantees. 2)Background. SB 1840 (McCorquodale), Chapter 672, Statues of 1990, was implemented with the intent of increasing the quality of care for patients with limited English proficiency, however, as noted, DPH cannot issue fines and current law does not require the notices to be posted on either the hospital's or DPH's Web site. DPH most recently sent an All Facilities Letter on May 11, 2012, reminding all general acute care hospitals to submit their language assistance policies on an annual basis to their local Licensing and Certification District Office; however, according to a survey conducted on behalf of the California Pan-Ethnic Health Network (CPHEN), hospital compliance has waned over the last several years. 3)Support. CPEHN is the sponsor of this bill and states language barriers are correlated to higher rates of death and illness. CPEHN notes that patients who face language barriers are more likely to have higher rates of hospitalization, encounter drug complications, and fail to return for follow-ups after an emergency room visit. CPEHN contends that by making language assistance policies available online, this bill will provide consumers access to information already AB 389 Page 3 required by current law. Health Access California (HAC) also supports this bill and writes, according to recent estimates, the majority of those newly eligible for health care coverage under the Patient Protection and Affordable Care Act will be from communities of color and 40% of those newly eligible for subsidies in Covered California will be LEP. HAC concludes that making language assistance policies available online will provide greater transparency and oversight of a key accountability measure serving the needs of LEP patients. There is no opposition to this bill. Analysis Prepared by: Lara Flynn / HEALTH / (916) 319-2097 FN: 0001788